If a child is adopted by her mother’s new husband, does the child remain an heir of her birthdad when he dies?

Asked on September 6, 2012 under Estate Planning, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if a natural father relinquishes his parental rights to another person via a court ordered adoption, then under the intestacy laws of all states in this country (when a person dies without a Will), the adopted child is no longer an heir as to the natural father of him or her. However, the adopted child would be the heir of the adopting father.

The caveat is the the natural father is entitled to name his former child in a Will or trust receiving a bequest.

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